Pima County Sergeant’s Demotion Deemed Unlawful by Review Board

A Pima County law enforcement review board has ruled that the demotion of Sheriff’s Department sergeant Terry Parish did not adhere to county guidelines. Parish was reduced from lieutenant back to sergeant on January 1 after Sheriff Mark Napier claimed he failed his probationary period.

According to Pima County Law Enforcement Merit System rules, demotions stemming from probation failures are generally not subject to appeal, whereas suspensions and terminations are. After two days of hearings totaling nearly eight hours, the Merit Commission determined it had the authority to review Parish’s case due to ambiguous language concerning the effective date of demotions.

“It’s rare but not uncommon for us to hold jurisdictional hearings,” said commission chairwoman Georgia Brousseau during the April 10 session. The commission decided to examine the case further, given the unusual circumstances surrounding Parish’s demotion.

Brousseau noted that this situation follows a significant leadership change in the Pima County Sheriff’s Department, which raised questions about the appropriateness of the actions taken early in Napier’s administration. Parish’s attorney, Mike Storie, contended that the demotion was retaliatory, stemming from Parish’s support for former Sheriff Chris Nanos, who lost to Napier in the recent election.

Storie maintained that the demotion should not have been effective until the start of the next payroll period on January 8, arguing a Merit System rule requires any demotion to be handled at that time. Parish’s probation as a lieutenant expired on January 3, meaning he had technically passed his probation before the demotion took effect.

Merit Commission attorney Barry Corey confirmed that if a demotion is to be enacted for an employee not on probation, a notice of intent and a hearing are required. Therefore, if Napier aims to maintain Parish’s demotion, he must first reinstate Parish to lieutenant status and provide back pay from January. Current discussions leave the case in limbo, awaiting further direction from the Sheriff’s Department.

If Parish is not reinstated, the commission will convene again to address the matter. Sheriff Napier has stated that the demotion process was informed by multiple departmental commanders and vetted through Pima County Human Resources. He acknowledged the confusion due to ambiguous rule language and the implications it had for the handling of Parish’s demotion.

The Sheriff’s Department plans to consult with legal advisors and the county’s Human Resources Department to determine the next steps regarding Parish’s status.

Contact reporter Caitlin Schmidt at cschmidt@tucson.com or 573-4191. Follow her on Twitter: @caitlinschmidt